Legal Opinion

Vito Matarese v. Eugene Lefevre, Superintendent, Clinton Correctional Facility, and Robert Abrams, Attorney General, State of New York

Court of Appeals for the Second Circuit

Decided September 12, 1986No. 736, Docket 83-2389PublishedCited by 188 opinions

1Opinion of the Court

KEARSE, Circuit Judge:

Petitioner Vito Matarese, a New York State prisoner convicted of third-degree robbery, appeals from a final judgment of the United States District Court for the Eastern District of New York, Edward R. Neaher, Judge, dismissing his petition for a writ of habeas corpus which contended, inter alia, that the trial judge’s main and supplemental jury charge that “a person is presumed to intend the natural consequences of his act, unless the act was done under circumstances or conditions which preclude the existence of such intent,” unconstitutionally shifted to Matarese the…

2Cases cited47 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Sandstrom v. MontanaSupreme Court of the United States · 1979
  3. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  4. Sanders v. United StatesSupreme Court of the United States · 1963
  5. Rose v. ClarkSupreme Court of the United States · 1986

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3Cited by188 opinions

  1. Brown v. Eli Lilly and Co.Court of Appeals for the Second Circuit · 2011
  2. Beverly Hills Fan Company v. Royal Sovereign Corp. And Ultec Enterprises Co., Ltd.Court of Appeals for the Federal Circuit · 1994
  3. United Airlines, Inc. v. BrienCourt of Appeals for the Second Circuit · 2009
  4. Blue Diamond Coal Co. v. Trustees of the Umwa Combined Benefit Fund, (99-6110), Secretary of Health and Human Services, (99-6111)Court of Appeals for the Sixth Circuit · 2001
  5. Stevens v. MillerCourt of Appeals for the Second Circuit · 2012

183 more not listed; retrieve them via the Exa API.

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